The danger of fighting monsters: Addressing the hidden harms of child pornography law

RJ Danay - Rev. Const. Stud., 2005 - HeinOnline
Rev. Const. Stud., 2005HeinOnline
It is undeniable that child sexual abuse is a topic that" evokes visceral disgust in all
reasonable people." 3 Child pornography, as an element or by-product of such abuse, must
evoke similar revulsion. Thus, it would seem perfectly reasonable that legislators seek to
aggressively stamp out all forms of child pornography in an effort to eradicate the social
blight that is child sexual abuse. According to popular reasoning, those who commit acts of
child sexual abuse are not normal offenders, such as thieves, robbers, or drunk drivers …
It is undeniable that child sexual abuse is a topic that" evokes visceral disgust in all reasonable people." 3 Child pornography, as an element or by-product of such abuse, must evoke similar revulsion. Thus, it would seem perfectly reasonable that legislators seek to aggressively stamp out all forms of child pornography in an effort to eradicate the social blight that is child sexual abuse. According to popular reasoning, those who commit acts of child sexual abuse are not normal offenders, such as thieves, robbers, or drunk drivers. Those who commit child sexual abuse, and, by association, those who consume child pornography, are sexual predators. In a recent debate over new child pornography legislation in the House of Commons, Dr. Keith Martin, then a Canadian Alliance MP, argued:[A] nyone can make a mistake, that is part of being human. However the type of creature with whom we are dealing, to which this law applies, is a serial predator and sexual abuser of children. That puts these types of individuals in a class by themselves I would think.
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